USAWC STRATEGY RESEARCH PROJECT

THE ROLE OF UNITED NATIONSIN COMBATING GLOBAL TERRORISM

by

Brigadier General Paban Jung ThapaRoyal Nepal Army

Professor William J. FlavinProject Adviser

This SRP is submitted in partial fulfillment of the requirements of the Master of Strategic Studies Degree.The U.S. Army War College is accredited by the Commission on Higher Education of the Middle StatesAssociation of Colleges and Schools, 3624 Market Street, Philadelphia, PA 19104, (215) 662-5606. TheCommission on Higher Education is an institutional accrediting agency recognized by the U.S. Secretaryof Education and the Council for Higher Education Accreditation.

The views expressed in this student academic research paper are those of the author and do not reflectthe official policy or position of the Department of the Army, Department of Defense, or the U.S.Government.

U.S. Army War CollegeCARLISLE BARRACKS, PENNSYLVANIA 17013

Form ApprovedReport Documentation Page OMB No. 0704-0188

Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering andmaintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, ArlingtonVA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if itdoes not display a currently valid OMB control number.

1. REPORT DATE 3. DATES COVERED18 MAR 2005 2. REPORT TYPE

4. TITLE AND SUBTITLE 5a. CONTRACT NUMBER

The Role of United Nations in Combating Global Terrorism 5b. GRANT NUMBER

5c. PROGRAM ELEMENT NUMBER

6. AUTHOR(S) 5d. PROJECT NUMBER

Paban Thapa 5e. TASK NUMBER

5f. WORK UNIT NUMBER

7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION

U.S. Army War College,Carlisle Barracks,Carlisle,PA,17013-5050 REPORT NUMBER

9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR'S ACRONYM(S)

11. SPONSOR/MONITOR'S REPORT

NUMBER(S)

12. DISTRIBUTION/AVAILABILITY STATEMENT

Approved for public release; distribution unlimited

13. SUPPLEMENTARY NOTES

14. ABSTRACT

See attached.

15. SUBJECT TERMS

16. SECURITY CLASSIFICATION OF: 17. LIMITATION OF 18. NUMBER 19a. NAME OF

ABSTRACT OF PAGES RESPONSIBLE PERSON

a. REPORT b. ABSTRACT c. THIS PAGE 28unclassified unclassified unclassified

Standard Form 298 (Rev. 8-98)Pirscribed by ANSI Std Z39-18

ii

ABSTRACT

AUTHOR: Brigadier General Paban Jung Thapa

TITLE: The Role Of United Nations In Combating Global Terrorism

FORMAT: Strategy Research Project

DATE: 18 March 2005 PAGES: 28 CLASSIFICATION: Unclassified

After the end of the cold war, the trend in the type of conflicts has been changing

drastically from that of state conducted conflicts to those of non-state actors being more

involved in creating terror in the world today. The cause for various fractions adopting these

means to enforce their beliefs vary in degree from religious to ethnic, economic, political and

other vested interests to disrupt peace and stability in a state, region or even globally. The

United States (US) and some other nations effected by this act of terror have together pledged

to fight against terrorism International committees like the United Nations (UN), that were

formed after the end of the 2nd World War to resolve conflicts in the world did not have a

mandate to be able to confront such type of emerging situations. Many violent activities effecting

both nations and innocent civilians were becoming a major concern of the UN. Therefore, it is

important to study and analyze the role that the UN can play in the fight against global terrorism

and suggest methods to maximize the UN potential to combat the menace of international

terrorism.

iii

iv

TABLE OF CONTENTS

A B S T R A C T ................................................................................................................................................ iii

THE ROLE OF UNITED NATIONS IN COMBATING GLOBAL TERRORISM ........................................ 1

NATURE OF GLOBAL TERRORISM ..................................................................................... 2

ROLE OF UN IN COMBATING TERRORISM ....................................................................... 5

UNITED NATIONS AGENCIES INVOLVED IN COMBATING TERRORISM ...................... 7

OTHER UN DEPARTMENTS AND AGENCIES WORKING TO COMBAT TERRORISM.....7

THE INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA) .............................................. 8

THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) .................................... 8

THE INTERNATIONAL MARITIME ORGANIZATION (IMO) ................................................. 8

THE DEPARTMENT FOR DISARMAMENT AFFAIRS (DDA) .............................................. 9

ORGANIZATION FOR THE PROHIBITION OF CHEMICAL WEAPONS (OPCW) ............. 9

UNIVERSAL POSTAL UNION (UPU) ..................................................................................... 9

RELATED ONGOING UN ACTIVITY ........................................................................................ 9

CHALLENGES FACED TO ERADICATE TERRORISM ...................................................... 9

FEA R O F EC O NO M IC LO SS ES ............................................................................................... 9

INTERNAL POLITICS OF INDIVIDUAL COUNTRIES ........................................................ 10

INADEQUACY OF INTERNATIONAL LAWS ....................................................................... 10

INACTION OF UNITED NATIONS BEFORE 9/11 ................................................................. 10

RECOMMENDATIONS .................................................................................................................. 12

C O N C LUS IO N ................................................................................................................................ 15

E N D N O T E S .............................................................................................................................................. 1 7

B IB L IO G R A P H Y ....................................................................................................................................... 2 1

vi

THE ROLE OF UNITED NATIONS IN COMBATING GLOBAL TERRORISM

Terrorism is a global menace. It calls for a global response. To defeat it, allnations must take counsel together, and act in unison. That is why we have theUnited Nations.1

-Kofi A.Annan, September 2001

The world periodically experiences fresh and well-published spasms of terrorism. The fact

that people are intimidated by terror is not a fresh phenomenon of sudden, alarming and recent

innovation; it has existed throughout the history of humankind. However, it was not until the

decade of 1970's that international terrorism established itself to be a force to reckon with.

Terrorism is no longer a threat only to the internal security of developing countries but has also

grown to be a menace of global dimensions attracting national and international attention.

Sophisticated weapons, advanced communication and transportation systems with secure

bases worldwide have brought all places in the world within their striking range. Terrorism has

been used as a substitute for war and to prevent the establishment of a lasting peace. After the

end of the Cold War, the fact that conventional wars are becom ing too expensive and too risky

for any state to be engaged in has encouraged national and international terrorism to quietly

flourish. Over the past few decades, terrorism has assumed the character of a worldwide

challenge of violence -short of war.

International terrorism, in its new and frighteningly violent form threatens the global

community and thence qualifies to be recognized as a threat to humanity. Therefore, it is

imperative that response to this is formulated and implemented internationally. There is a

consensus amongst the international community including the United States (US), which has

been taking a lead role in the global war on terrorism; that terrorism cannot be effectively

addressed without international cooperation. The audacity and magnitude of the disaster of

September 11, 2001 shocked the world like never before. Immediately afterwards there was a

general recognition, that terrorism is a global problem and to find its solution, the engagement of

all countries is required. Within a span of a few weeks, the UN adopted resolutions to underline

international commitment to an effective, sustained and multilateral response.

In recent years, due to globalization the traditional distinction between internal and

international affairs has become increasingly blurred. Internal disorder, whether in the form of

armed insurgencies, bloodless military coup or fractional struggle for governmental power has

major ramifications on global security environment and politics. Similarly, other sources of

conflicts such as ethnic hostilities, religious conflicts and personal ambitions have raised doubts

and uncertainties with regard to the instruments required to deal with the increas ing instability

and insecurity. Terrorist groups having regional interests are able to use modern technology to

exert their influence globally. This has led to the relevance of an international organization to

resolve the conflict scenario developed by acts of terrorism. The UN and its agencies through

regional organizations have perceived a new chance to tackle the UN's founding mission - to

establish peace by protecting the new generation from the scourge of war. At this moment in

history, the only global organization the UN must play an essential role in dealing with

transnational threat.

NATURE OF GLOBAL TERRORISM

Terrorism by definition is directly violent, it is the continuation of violencewith other means. It is a very particular form of warfare, popular terrorismbrings a further elaboration of guerilla warfare to which it is intimatelyrelated and state terrorism brings a further elaboration of state repressionto which it is equally intimately related. Like regular war, it is fought forpolitical ends. It aims kills and destroys.

- Johan Galung

Terrorism is a phenomenon that is easier to describe than to define. The problem of

finding the correct definition is compounded by the fact that terrorism has become a fad word'

used and often applied to a variety of acts of violence. This difficulty in defining the term has led

to the cliche that "one man's terrorist is another man's freedom-fighter." Terrorism can be

defined as "violence, or the threat of violence, calculated to create an atmosphere of fear and

alarm in the pursuit of political aims .'" In political terms, terrorism is the employment of terror as

a weapon of psychological warfare for political ends. If terrorism is stated as "the systematic and

deliberate murder, maiming and menacing of the innocent to inspire fear for political ends,"5 it

would cover the spectrum well. We can assume that terrorism is not in any form random,

undirected and purposeless violence. Terrorists and those who support them have definite

goals; terrorist violence is the means of achieving those goals. The stated goals or objectives

may range from separatist causes and revenge for ethnic grievances to social, political and

religious revolution. The Secretary General Kofi Anan said in a press conference on January 26,

2002 that, "regardless of the differences between governments on the definition of terrorism,

what is clear and what we all can agree on is any deliberate attack on innocent civilians,

regardless of one's cause, is unacceptable and fits into the definition of terrorism."6 By framing,

terrorism in terms of self-determination confirms human rights justifications especially in the

2

case of loss of innocent civilian lives. However, for the terrorists, killing civilians is an effort to

get world publicity and serves as an option of retaliation.

The inability of UN member states to reach an amicable agreement regarding the

definition of terrorism restricted the ability of the UN to send an effective message that any form

of terrorism was unacceptable to the world. Difficulty in defining what constitutes international

terrorism gives the advantage to countries to define international terrorism to suit their own

narrow national interests. United States accused Libya of sponsoring and financing international

terrorism. Libya did not agree on this, but in fact condemned US actions in Grenada as one of

sponsoring international terrorism. Similarly, the United Kingdom declared the Irish Republican

Army (IRA) as a terrorist organization while the US has not declared the IRA as an international

terrorist organization. This tug of war continues and gives the freedom of action to terrorists.

The report presented to the Secretary General on December 01, 2004 by the High-level

Panel on Threats, Challenges and Change, states that there is a value to achieve consensus

definition within the General Assembly. Based on the discussion the panel presented four

elements that should be included in the definition of Terrorism:

"* Recognition, in the preamble, that State use of force against civilians is regulated by

the Geneva conventions and other instruments, and, if of sufficient scale, constitutes

a war crime by the persons concerned or a crime against humanity;

"* Restatement that acts under the 12 preceding anti-terrorism conventions are

terrorism, and a declaration that they are a crime under international law; and

restatement that terrorism in time of armed conflict is prohibited by the Geneva

convention and Protocols;

"* Reference to the definitions contained in the 1999 International Conventions for the

Suppression of the Financing of Terrorism and Security council resolution 1566

(2004);

"* Description of terrorism as "any action, in addition to actions already specified by the

existing conventions on aspects of terrorism, the Geneva Conventions and Security

Council resolution 1556 (2004), that is intended to cause death or serious bodily harm

to civilians or non-combatants, when the purpose of such an act, by its nature or

context, is to intimidate a population, or to compel a Government or an international

organization to do or to abstain from doing any act". 7

Terrorism is said to be the strategy of the weak and thus a kind of substitute of warfare.

For a relatively small investment compared to the cost of the more sophisticated arsenals for

conventional armies and the reliance on outside financial support, a country sponsoring

3

surrogate warfare can inflict debilitating losses on an enemy and at the same time, deny any

connection with the terrorist group inflicting the damage. "Terror can be the blackmail of many

for the few."~ History gives many examples of how outlaws, spiritual leaders of revolts and

guerrilla fighters through an excessive use of terror means have become heroes. Over the years

a great amount of terrorist related study has been done based on various historical events of

different terrorist groups, but much of this is still under studies. The attacks on September 11,

2001 by the Al Qaeda have resulted in public awareness about terrorism. Hence, terrorism has

become a major subject of discussion in all spheres including policy and academic literature.

During the 1 990's after the end of the Cold War, a series of concurrent changes including

an increase in terrorist related incidents, mainly directed towards the US became a subject of

vigorous debate. The dissolution of the Soviet Union and the emergence of terrorist

organizations like that of Osama Bin Laden was of a grave concern that a "new" type of

terrorism was likely to evolve having the options of obtaining lethal weapons of mass

destruction, which were no longer under government control. Such organizations were more

religiously motivated and developed an ideology of inflicting damage at a large scale to show

their organizational strength to the world, focused mainly to the US.

International terrorism is warfare without territorial restrictions and comprises of those

incidents that have clear international consequences. In trying to understand international

terrorism, we must first recognize that it is not a sporadic phenomenon of social misery and

frustration. It is rooted in the political and religious ambitions of the terrorist organization that

require sanctuary and support of states to be able to operate effectively. Many international

terrorist groups operating overseas are given considerable financial support, weapons,

protection and sanctuary by sponsor states. International terrorist organizations like that of

Osama Bin Laden has established its network for financial support, intelligence, information

operations and logistic backup through their own system of commercial enterprises, NGO,

donations from different sources and sub-contracts with criminal organizations and are thus able

to sustain their organizations independently. The Al Qaeda was provided only shelter in

Afghanistan from where they could safely carry out terrorist activities.

4

ROLE OF UN IN COMBATING TERRORISM

The destruction and elimination of terrorist networks is a time-consuming task, forwhich there are no instant solutions. The United Nations does, however, haveeffective measures at its disposal to fight terrorism-international conventionsand sanctions that can be applied to hamper terrorist activities. '

- Toomas Hendrik Lives,Minister for Foreign Affairs, Estonia.

The battle against terrorism is integral to the entire mandate of the UN. The UN charter

sets out the purposes of the organization, which include the maintenance of international peace

and security, collection of measures to prevent threats of peace, suppression of aggression,

promotion of human rights and economic development. Until the end of the Cold War, the issue

of terrorism raised mainly in the General Assembly was taken by the member states as a

general type of a problem. International terrorism was added to their agenda only when it

became a widespread concern among member states. Since then the UN has taken numerous

resolutions which when analyzed focuses on three aspects; measures to prevent terrorism,

human rights and terrorism, and measures to eliminate terrorism." The Security Council

started to become involved only after the 1990's when resolutions were passed to impose

sanctions against the non-complying nations. Nevertheless, after September 11, 2001 the

council became more active and made some major decisions to the limit of using force in self-

defense and for nations to take extensive measures against terrorism.

The UN that was initially established with its Charter to deal with conflicts within and

between State securities has diminished; we now face security threats that go far beyond States

waging aggressive war. These threats are from state as well as non-state actors mainly targeted

towards state and human security. Due to globalization, today's threats see no boundaries and

hence needs to be dealt nationally, regionally and globally. States must be aware that however

powerful they are, no state can make itself invulnerable and not all of them are capable of

providing security to its own people. Hence, the requirement of collective approach and

responsibility is inevitable.

In the unipolar world, there are two world organizations: The UN having global

membership and the US, which has the power for global reach. The war against Iraq initiated

without the resolution of the Council is an outstanding example of US dominance in the world

today. On September 12, 2002, the President of the US. George W. Bush made the following

statement to the General Assembly, "All the world now faces a test, and the UN a difficult and

defining moment. Are Security Council resolutions to be honored and enforced, or cast aside

5

without consequence? Will the UN serve the purpose of its founding, or will it be irrelevant? We

cannot stand by and do nothing without dangers gathering. We must stand up for our security,

and for the permanent rights and the hopes of mankind. By heritage and by choice, the United

States of America will make that stand. And, the delegates to the UN, you have the power to

make that stand, as well."11

Defining a new role for the UN in a unipolar world; on December 04, 2003 Mr Kofi Annan

said, "We have come to a decisive moment in history. The great threat of nuclear confrontation

between rival superpowers is now behind us. However, a new and diverse constellation of

threats has arisen in its place. We need to look again at the machinery of international relations.

Is it up to these new tests? If not, how does it need to be changed? The events of the past year

have exposed deep divisions among members of the United Nations, on fundamental questions

of policy and principle. How can we best protect ourselves against international terrorism, and

halt the spread of weapons of mass destruction? When is the use of force permissible and who

should decide? Does it have to be each state for itself, or will we be safer working together? Is

preventive war sometimes justified, or is it simply aggression under another name? And, in a

world that has become unipolar, what role should the United Nations play?"12

Many people of the world, especially in poor countries are more likely to be victims of the

so-called "soft" threat. The dangers of extreme poverty, hunger, unsafe drinking water,

environmental degradation and endemic or infectious disease, kills millions of people every

year. It would be imprudent to imagine that these things are unconnected with peace and

security, or that international organizations can afford to ignore them until the "hard

threats" have been sorted out. We should have learned by now that a world of glaring

inequality between or within countries, where millions of people endure brutal oppression

and extreme misery, is never going to be fully safe, even for its most privileged

inhabitants. Hence, in the world, the existence of such root causes and frustrations are the main

elements that provide materials for the terrorist leadership to be able to instigate their cadres.

While there is no validity or justification that can be accorded to resort to such actions, there are

definitely many issues that provide fuel for breeding terrorists and that needs to be addressed.

Even so, acts of terrorism against innocent civilians cannot be condoned no matter how noble

the cause. Addressing the underlying causes of terrorism would deny the terrorists the support

that fuels them and narrow the ground upon which they act. This should be done in a

cooperative global approach through the UN.

6

UNITED NATIONS AGENCIES INVOLVED IN COMBATING TERRORISM

Many of the specialized agencies and programs that make up the UN system also play a

key role in addressing terrorism, overseeing the implementation of many of the treaties against

terrorism and establishing international norms to prevent it. The role for UN to fight against

terrorism is given in the chapter VII of the charter of the United Nations. The UN combats

international terrorism primarily through two of its main bodies, the General Assembly and the

Security Council.

The UN General Assembly in its capacity organized two adhoc committees on terrorism,

composed from delegates of member states to work out laws related to terrorism. Specialized

agencies of UN related with terrorism were encouraged to address the issue and governments

were coaxed to take preventive actions by endorsing a variety of measures including

enforcement of laws intended to reduce the likelihood of terrorist activities.

On September 12, 2001, the General Assembly adopted a resolution requiring:

"International cooperation to bring to justice the perpetrators, organizers and sponsors of the

outrageous of September 11, 2001 ", stressing that "Those responsible for aiding, supporting or

harboring the perpetrators, organizers and sponsors of such acts will be held accountable."13

The Security Council's meeting of the head of states in January 1992 expressed concern

and emphasized on the increase of terrorist activities in the world. This encouraged the Security

Council to back its commitment and in March 1992 adopted sanctions against Libya in order to

pressurize the government to relinquish suspects of the bombing of the two airliners. This was

followed by sanctions against Sudan in 1996 for supporting terrorist groups, and later in 1999

against the Taliban in Afghanistan.

In response to terrorist's attacks of September 11, 2001, the Security Council passed

resolution 1368 condemning the attacks and showed determination to "Combat by all means

threats to international peace and security caused by terrorist attacks." 14

On September 28, 2001, the Security Council passed resolution 1373 in which it

established the Counter Terrorism Committee (CTC) and called on states "to work together

urgently to prevent and suppress terrorist acts, including through increased cooperation and full

implementation of the relevant international conventions relating to terrorism.""5

OTHER UN DEPARTMENTS AND AGENCIES WORKING TO COMBAT TERRORISM.

Economic and Social Council (ECOSOC) The UN Charter established the ECOSOC as

the principal organ to coordinate the economic, social and related work of the UN and its

specialized agencies and institutions such as the ICAO and IMO.

7

The UN Secretary General and the Secretariat also have been playing a role to fight

terrorism. Secretary General Kofi Annan established a Policy Working group in October 2001 to

examine how the UN could deal with terrorism. In March 2002, the group keeping in view the

UN's limited ability to suppress terrorism and pre-empt specific terrorist strikes or have an

effective intelligence gathering capability, submitted a report with 31 key recommendations,

which should be adapted by the UN. This report was based on three strategies.

"* Dissuade, to stop disaffected groups from embracing terrorism.

"* Deny, stopping groups or individuals the means to carry out acts of terrorism.

"* Sustain a broad-based international cooperation in the struggle against terrorism

based on respect for human rights and fundamental freedoms.16

The secretariat is one of the six principal organs of the UN. Under this office most of the

officers and departments of the UN which are engaged in the war on global terrorism, to include

Office of Legal Affairs, Department of Disarmament Affairs, Department of Peacekeeping

Operations, Department of Political Affairs and UN Office for Drug Control and Crime

Prevention.

UN Office for Drug Control and Crime Prevention (ODCCP)17 works to combat drug

trafficking, organized crime and international terrorism. The branches under this are-

"* The UN Terrorism Prevention Branch (TPB): It assists in the research and analysis of

terrorism trends.

"* The International Drug Control Program (UNDCP): This helps nations to enforce drug

control measures and thus reduces one of the possible resources to the terrorists.

"* The Center for International Crime Prevention (CICP): This works to counter the

money laundering means used by terrorist organizations for financial support.

THE INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA)

This agency focuses mainly on verification, safety and technology regarding nuclear

weapons in various states. It aims to protect and prevent nuclear related terrorism.

THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO)

This organization is mainly responsible for setting security standards for operating the

terminals, aircraft and advocate measures to prevent terrorism acts. 18

THE INTERNATIONAL MARITIME ORGANIZATION (IMO)

The IMO monitors sea activities and formulates measures to prevent maritime terrorism. 19

8

THE DEPARTMENT FOR DISARMAMENT AFFAIRS (DDA)

The DDA works to monitor and record details of nations possessing weapons of mass

destruction and prevent any form of this proliferating.

ORGANIZATION FOR THE PROHIBITION OF CHEMICAL WEAPONS (OPCW)

The OPCW is a part of the UN system that provides research, inspection and information

on the prevention and potential use of chemical weapons.

UNIVERSAL POSTAL UNION (UPU)

UPU raises awareness about security and dangers related to the postal system. It has

also established a world security network to fight terrorist acts like the Anthrax attack by mail in

US in the year 2002.20

RELATED ONGOING UN ACTIVITY

The UN also works to maintain regional stability by addressing humanitarian issues in the

following manner:-

"* The Office of the UN High Commissioner for Refugees (UNHCR) aims to

protect refugees and assist them in returning to their homeland.

"* The World Food Program (WFP). Helps in trying to feed millions of poor people and

refugees from strife torn areas.

"* The United Nations Children's Fund (UNICEF). It helps in providing humanitarian aid

to millions of children enabling them to survive humanitarian crisis.

"* The World Health Organization (WHO). This works to provide emergency health

assistance to nations and respond quickly to possible epidemics.2 1

"* The International Criminal Court (ICC). Based on the laws dictated, the ICC develops

norms to try international criminals. Since, not all the nations have ratified the ICC

treaty this organization has not been able to function effectively. 22

CHALLENGES FACED TO ERADICATE TERRORISM

FEAR OF ECONOMIC LOSSES

Many countries prefer to remain silent spectators due to fear of economic losses.

Germany depends to a very large extent on Libyan oil. Any counter measure by

Germany has to be at considerable risk to their economy. This in fact is the prime

reason for US not to acknowledge Saudi Arabia's role in financing Islamic

fundamentalism.

9

INTERNAL POLITICS OF INDIVIDUAL COUNTRIES

Internal political squabbles provide a fertile political ground for terrorists to flourish.

Many countries put a lid on growing terrorism for fear of losing credibility. Thus the

problem remains submerged till the time it erupts in an uncontrollable way. Political

parties play their narrow political games and force governments not to act against

terrorists. There have been instances wherein political parties themselves have propped up

certain terrorist groups to counterthe influence of more radical political parties. Nations

also are known to have created insurgency organizations to operate for their national interests

who were used but not disintegrated. Invariably these terrorist groups have outgrown their

masters and become uncontrollable monsters having international ramifications.

INADEQUACY OF INTERNATIONAL LAWS

Similarly, to the charter of the UN, issues related to international laws were made to deal

with intra-state and inter-state conflict. Since the last decade, only the importance of individual

human rights was placed over the rights of sovereign states. However, not all states have

ratified to this and the terrorists are aware that the whole world is not united on the issue of

terrorism. They know that international laws are not acceptable to all countries and therefore

there is limitation in international legal framework to try them. Many countries refuse to extradite

terrorists wanted for crimes in other states. Refusal to extradite Osama Bin Laden from

Afghanistan is one such example. In drafting international laws against terrorism most of

international bodies have been faced with the problem of arriving at a mutually acceptable

definition of terrorism to all member states. 3 Even UN has not been able to resolve this tangle.

Hence the terrorists use this loophole and exploit it to carry out terrorist strikes having

international ramifications.24 . Some states believe that terrorism is not an adequate threat to

make them compromise and sacrifice some of their sovereignty. This falls short of the

requirement of enactment of international laws to fight international terrorism and is a

problem beyond nation states and thus, it must be dealt by the UN.

INACTION OF UNITED NATIONS BEFORE 9/11

Whenever UN steeled itself to come to grips with the concept of terrorism, it has

always ended up tying itself in knots. It's first attempt to "do something" came in the

wake of Olympic massacre of Israeli athletes at Munich when Secretary General, Kurt

Waldheim, called upon the UN to deal with the menace of terrorism. Little more needs to

be said about the efficacy of its response than to quote the lengthy title of the study

undertaken which clearly reveals the seeds of its own confusion. " Measures to prevent

10

international terrorism which endangers or takes innocent human lives or jeopardizes

fundamental freedoms, and study of underlying cause of these forms of terrorism and

acts of terrorism which lie in misery, frustration, grievance and despair, and which causes

some people to sacrifice human lives including their own, in an attempt to effect radical

changes.'•5

The study beneath the committee compromising cliches, showed a kind of

sympathy for terrorism, as its critics claimed, it is not surprising that the UN was still

talking about it without arriving at any conclusion before 9/11. In fact debates at UN were

simply extension of terror with words replacing bomb and gun. Those countries which

support terrorism, harangued about "colonist and racialist terror." There had been virtual

stalemate in the UN and premier world body had been paralyzed on this aspect. The

only achievement of the UN had been adoption of legal measures dealing with certain

specific forms of terrorism. The General Assembly did adopt a convention on prevention

and punishment of crimes against, "internationally protected persons, including diplomatic

agents." It is imperative that UN takes a firm stand on international terrorism because this is

the international body that must be the nodal agency for fight against international

terrorism. 6 However, events after 9/11 have changed things drastically.

Globalization has created a fluid environment wherein boundaries between nations are

becoming easily accessible. Each nation views a threat by its own perception of the matter.

Therefore, it is difficult to prioritize the different types of 'hard' and 'soft' threats as per their

importance. International agencies have difficulty in being legitimately involved until a problem

goes beyond the nation's capability. The different types of threats can be broadly grouped as:

"* Threats from poverty, diseases, environmental breakdown.

"* Threats from conflict between states.

"* Threats from violence and massive human rights violations within states.

"* Threats from terrorism.

"* Threats from organized crime.

"* Threats from the proliferation of weapons - particularly WMD but also conventional.27

11

RECOMMENDATIONS

The fight against terrorism cannot be used as an excuse for slackening efforts toput an end to conflicts and defeat poverty and diseases. Nor can it be an excusefor undermining the basis of the rule of law-good governance, respect forhuman rights and fundamental freedoms. The long term war on terrorismrequires us to fight on all these fronts. Indeed, the best defense against thesedespicable acts is the establishment of a global society based on common valuesof solidarity, social justice and respect for human rights. 8

- Kofi A. Annan, October 2001

Today, the UN has to operate in a global environment that is vastly more challenging,

complex and demanding than the world of 1945. The number of actors in world affairs has

grown enormously, types of actors have changed very substantially, interactions between them

have grown even more intense, and the agenda of international public policy has been altered

quite dramatically in line with the changing temper of the times. The weakness of state

structures and institutions in many countries has heightened the challenges and risks of nation

building and sometimes tempted armed groups to try to seize the levers of political power in

order to exploit the resources of economic wealth. Arms and monetary transfers that originate

in the industrial countries fuel civil conflicts, and in turn, their destabilizing effects are felt in the

developed world. The organizing principle of global governance is multilateralism and the UN

lies at the very core of the multilateral system of global governance. These are especially

challenging times for multilateralism when its very principle as well as some of its institutional

manifestations is under attack in parts of the world.

Contrary to popular misconceptions, the struggle against terrorism since September 11,

2001 has encompassed impressively broad and deep patterns of international cooperation. If

the most dangerous terrorist groups have found ways to operate in a global scale, so must

efforts to thwart them. Denying these groups funding, refuge, communications, movement,

access, training, means, and most importantly, recruits and legitimacy entails concerted efforts

by individual nations in conjunction with international teamwork across geographical, economic

and ideological lines. Measures that can be adopted to counter terrorism are:

* Member states must be encouraged and be convinced in the implementation of the

twelve UN counter-terrorism conventions and Security Council's resolution 1373

(2001), so that nations follow the same policy against terrorists operating within and

across their boarders. There should be sustained broad based international

cooperation in the struggle against terrorism.

12

* International agencies such as the UN should develop a shared analysis of current

and future threats to peace and security. They should be able to make an assessment

on the contribution that collective action can make in meeting these threats and

formulate changes that will make international agencies a legitimate and effective

instrument for a collective response, not only on issues of threats to peace but also on

other economic and social issues. The key areas that need strengthening through

national or international program include the eradication of extreme poverty,

globalization, its impact on developing countries and the resulting need to ensure that

the proper framework of rules, norms and standards are in place. This includes the

issues of water scarcity, pollution, energy security, disaster, risk management, the

effects of HIV/AIDS, coping with the heightened threat of international terrorism, policy

gaps in governance, conflict prevention and post conflict transition, peace building and

the pursuit of sustainable disarmament.

"* Operations tend to be long drawn and a hazardous affair hence adequate resource for

finance, arms and equipment must be catered for to meet the demands of any

situation keeping in view the gravity of the problem. The UN is solely dependent upon

the contributions of member states. It must be able to get international, regional

donors and financial institutes to increase their assistance to poor countries with debt

relief, longer rescheduling and improved access to global markets.

"* The UN has the convention to respect the independence and sovereignty of a member

nation but, when there is an issue of a nation(s) being directly or indirectly involved in

terrorist activities then, regional or international organizations must have the ability to

intervene in the internal affairs of a country as dictated by UN resolution. Irrespective

of the consent of the concerned parties, the involved organization must be able to act

immediately by authorizing the states the right to use force as necessary

"* The international law needs to be reviewed and updated to meet the present terrorist

environment. In all situations involving counter terrorism measures, the issue of

fundamental human rights must always be protected by emphasizing on judiciary and

legal means. The role of international law and endorsement by the member states

must be strongly advocated to all nations.

"* The UN and the regional organizations should develop a stronger cooperation and

understanding between each other so that they are in constant contact to share

information and early warning, be involved collectively in training, provision of

personnel's and equipment as a standby arrangement system within the UN

13

framework. The involvement of regional organizations under the Legal Provision of

the UN's Articles 52, 53 and 54 that recognizes regional organizations for resolving

conflicts, disputes and for welfare activities must be expedited.29

No delay in intervention. The UN does not have the capability to play an active

operational role to collect dedicated intelligence or to pre-empt terrorist strikes. Hence,

in the event of large scale killing, genocide, ethnic cleansing or severe violation of

human rights the Security Council should be able to immediately authorize the nation

affected or if beyond the capability of the nation then endorse an authorization for

military intervention by regional or international forces. The UN should make the

following considerations prior to making any decision on military intervention;

Seriousness of the threat; proper purpose for them intervention; is it the last resort

available; is the degree of intervention compatible to the situation and is military action

the primary solution to the problem.

"* Agencies of the UN should be used to formulate operating procedures for effective

post conflict peace building operations which must be activated immediately so as to

prevent any chances of resurgence of conflict. To initiate the peacebuilding a standing

fund must be created followed by establishment of robust donor coordinating

mechanism. The judicial system of the state should be strongly implemented to

prevent conducive grounds in which the terrorist groups may revive. Preventive action,

especially measures to strengthen the capacity of states, can help to create

inhospitable environments for terrorism.

"* The UN through its various organizations must be able to put across its policy on

terrorism to target audiences. Nations should be aware about issues of human rights,

use of security forces mainly the military and treatment to unarmed civilians and rule

of law. Similarly activities related to the fight against terrorism by UN agencies, their

works in all fields particularly on poverty, HIV/AIDS and environmental degradation

should reach the local populations that support terrorist aims. Public Information

should be targeted to key audiences; particularly to achieve a greater impact to project

a clear and principled message underscoring the unacceptability of terrorism.

"* Given the concern that terrorist may seek to access the stockpiles of weapons of

mass destruction in related technologies; United Nations activities in the field of

disarmament must gain renewed relevance. The Department of Disarmament Affairs

must be able to record and monitor the production and storage of weapons of mass

destruction and evaluate the possibility of it being used for terrorist acts.3"

14

CONCLUSION

In sum, combating the threat of international terrorism requires both military and police

action combined with nation-building, repairing and stabilizing war-torn countries, establishing

institutions and structures of government and the rule of law, building and consolidating civil

society and building markets. The first part can be left to the powerful to act on their own,

however, even there, the world will not accept usage of the word 'terrorism' as a subjective

epithet that allows any one country to assert an absolute right to attack any other country or

group that it dislikes. The UN is the best forum for an objective and universally agreed definition.

The second, less glamorous part underlines the importance of international agreements,

international institutions, international policing and international law. The UN, not any national

capital, is the embodiment of the principle of multilateral cooperation and the core of global

governance. If the United States is the super power, the United Nations is the indispensable

institution. Its prestige, authority and capacity as the standing global coalition to tackle threats to

international peace and security of any type and from any source, must be enhanced. If

isolationism is not an option in today's interconnected world, unilateralism cannot be the

strategy of choice either. The concert of democracies to combat terrorism cannot be a closed

circle, but must embrace all those willing to join in the fight against threats to a civilized

community of nations. A global coalition formed to combat terrorism must not be restricted to

punitive and retributive goals instead must be transformed into the larger cause of rooting

security worldwide in enduring structures of cooperation for long term. The supremacy of the

rule of law has to be established at the national, regional and global levels. The principles of

equity and justice must pervade all institutions of governance.

The fight against terrorism is a war with no frontiers against enemies who know no

borders and have no scruples. If we abandon our scruples, we descend to their level. The

dialogue of civilizations is a discourse across all frontiers not only embracing communities who

profess and practice different faiths but also having scruples about imposing their values on

others. We must talk to and welcome into the concert of civilized communities believers in moral

values from all continents, cultures and faiths. The need of the hour is discourse among the

civilized and not a dialogue of the uncivilized deafened by the drumbeats of war.

WORD COUNT=6102

15

16

ENIDNOTES

1 United Nations, "True Faith Is Respectful, Compassionate, Devoid of Hatred, SaysSecretary-Generat at Temple Emanu-EI in New York," Press Release SG/SM/7962/Rev. 1, 18September 2001; available from <http://www.un.org/News/Press/docs/2001/sgsm7962R1.doc.htm>; Internet; accessed. 15 December 2004.

2 Lawrence. Freedman, et al, Terrorism and International Order (New York: Routledge and

Kegan Paul, 1986), 5.

' Jeffrey Laurenti, "A Transformed Landscape: Terrorism and the U.N. after the Fall of theWorld Trade Center," in Combating Terrorism: Does the UN Matter and How ?, UNA-USA,available from <http://www.unausa.org/newindex.asp?place=http://www.unausa.org/issues/combatting.asp>; Internet; accessed 8 December 2004.

' Michael Sahlin and Annika Hilding Norberg, introductory remarks in the Report on theXIIInternational Seminar in the Series Peace Operations and Counter-Terrorism : Challenges OfPeace Operations: Into the 21st Century, Krusenberg, Sweden, 23-25 May 2003; availablefrom <http://www.peacechallenges.net>; Internet; accessed 30 November 2004.

' Laurenti.

6 Quaker United Nations Offices (QUNO), "Terrorism: A Global Problem Requiring GlobalSolutions," briefing paper, March 2002; available from <http://www.quno.org/>; Internet;accessed 15 November 2004.

7 "Transmittal letter from the Chair of the High-Level Panel on Threats, Challenges andChange Addressed to the Secretary-General," 1 December 2004, handout for Peace Operationselective, U.S. Army War College.

8 Andrew Sinclair, An Anatomy of Terror (London: Macmillan, 2003), 56.

United Nations, "Terrorism Must Be Addressed in Parallel with Poverty,Underdevelopment, Inequality, General Assembly Told, as General Debate Concludes," Fifty-Sixth General Assembly, GA/9971, 16 November 2001; available from <http://www.un.org/News/Press/docs/2001/ga9971 .doc.htm>; Internet; accessed 11 November 2004.

10 Jane Boulden and Thomas G. Weiss, ed., Terrorism and the UN Before andAfter

September 11 (Bloomington: Indiana University Press, 2004), 177.

11 Boulden.

12 Kofi Annan, "For a Safer World, Working Together," 27 December 2003; available from

<http://www.globalpolicy.org/secgen>; Internet; accessed 5 January 2005. In November 2003,Secretary-General of the United Nations, Kofi Annan established the UN High Level Panel onGlobal Security Threats, Challenges and Change. In this Manila Times article, Annan describesthe tasks assigned to the panel and subsequent recommendations for strengthening the UN.

"13 United Nations Association, "The Role of the UN in Combating Terrorism," available from

<http://www.unausa.org/issues/unrole.asp>; Internet; accessed 24 November 2004.

17

"14 United Nations, UN Security Council Resolution 1368, adapted by the Security Council at

its 4 3 7 0th meeting, 12 September 2001, (New York: 2001).

"15 United Nations, UN Security Council Resolution 1373, adapted by the Security Council at

its 4385th meeting, 28 September 2001, (New York: 2001).

"16 United Nations, Report of the Policy Working Group on the United Nations and Terrorism,

Annex to (A/57/273 S/2002; available from <http://www.un.org/terrorism/a57273.htm>; Internet;accessed 24 November 2004.

17 United Nations Office for Drug Control and Crime Prevention, available from

<http://www.unodcp.org/terrorism.html>; Internet; accessed 5 October 2004.

"18 International Civil Aviation Organization (ICAO), available from <http://www.icao.int/

new.html>; Internet; accessed 5 October 2004.

"19 International Maritime Organization (IMO), available from <http://www.imo.org>; Internet;

accessed 5 October 2004.

20 Universal Postal Union, available from <http://www.upu.int/postal.html>; Internet;

accessed 5 October 2004.

21 World Health Organization, available from <http://www.who.int/en/>; Internet; accessed 5

October 2004.

22 United Nations Association.

23 Ken Coates, International Terrorism and International Law (United Kingdom: Russel

Press, 1987), 9.

24 Ibid.

25 Christopher Dobson and Ronald Payne, CounterAttack (London: Faber and Faber,

1988), 4.

26 Ibid., 4-5.

27 Gareth Evans, "Security Threats, Challenges and Change: The UN Secretary General's

High Level Panel," presented at Citizens for Global Solutions/Woodrow Wilson Centre Panel,Washington, DC, 20 September 2004.

28 United Nations Information Service, "Secretary-General Commends African Efforts

against Terrorism, Urges Ratification, Implementation of Existing Conventions," UN pressrelease SG/SM/7999 AFR/344, 22 October 2001; available from <http://www.unis.unvienna.org/unis/pressrels/2001/sgsm7999.html>; Internet; accessed 5 October 2004.

29 Legal Provision. The following provisions of the UN charter legalize the employment of

regional organizations:-

18

(a) Article 52. This Article encourages regional organizations to help resolve conflictswith in that region, provided such arrangements are consistent with the Purposes and Principlesof the UN.

(b) Article 53. No enforcement action shall be taken under regional arrangements or byregional organizations without the authorization of the Security Council.

(c) Article 54. The Security Council shall at all times be kept informed of activitiesundertaken under regional arrangements or by regional organisations for the maintenance ofinternational peace and security.

"o "Transmittal letter."

19

20

BIBLIOGRAPHY

Adebajo, Adekeye, and Chandra L. Sriram, ed. Managing Armed Conflicts in the 21st Centuly.Portland: F. Cass, 2001.

Annan, Kofi A. Prevention of Armed Conflict: Report of the Secretary General. New York:United Nations, Department of Public Information, 2002.

Boulden, Jane, and Thomas G. Weiss, ed. Terrorism and the UN Before and After September11. Bloomington: Indiana University Press, 2004.

Boutros Boutros Ghali, Boutros. An Agenda for Peace. New York: United Nations, 1995.

• Building Peace and Development: 1994 Report on the Work of the Organizationfrom the Forty-Eighth to the Forty-Ninth Session of the General Assembly. New York:United Nations, Department of Public Information, 1994.

Combs, Cindy C. Terrorism in The 21st Century. Upper Saddle River, NJ: Prentice Hall, 2003.

Freedman, Lawrence, et al. Terrorism and International Order. New York: Routledge andKegan Paul, 1986.

Jenkins, Brian M., ed. Terrorism and Personal Protection. London: Butterworth, 1986.

Laurenti, Jeffrey. "A Transformed Landscape: Terrorism and the U.N. after the Fall of the WorldTrade Center." In Combating Terrorism : Does the UN Matter and How?. Available from<http://www.unausa.org/newindex.asp?place=http://www.unausa.org/issues/combatting.asp>. Internet. Accessed8 December 2004.

Netanyahu, Benjamin. Terrorism: How the West Can Win. London: Weidenfeld and Nicholson,1986.

O'Shea, Bendan. "The Future of Peacekeeping." Studies in Conflict and Terrorism 25 (March-April 2002)

Osman, Mohammed A. The United Nations and Peace Enforcement: Wars, Terrorism andDemocracy. Burlington, VT: Ashgate, 2002.

Sahlin, Michael, and Annika Hilding Norberg. Introductory remarks in the Report on theXIIInternational Seminar in the Series Peace Operations and Counter-Terrorism : ChallengesOf Peace Operations: Into the 21 t Centuiy, Krusenberg , Sweden, 23-25 May 2003.Available from <http://www.peacechallenges.net>. Internet. Accessed 30 November2004.

Transmittal letter dated 1 December 2004 from the Chair of the High-level Panel on Threats,Challenges and Change addressed to the Secretary-General.

"Transmittal letter from the Chair of the High-Level Panel on Threats, Challenges and ChangeAddressed to the Secretary-General." 1 December 2004. Handout for Peace Operationselective, U.S. Army War College.

21

U.S. Army War College, Peacekeeping and Stability Operations Institute (PKSOI). Availablefrom <http://www.carlisle.army.mil/usacsl/divisions/pksoi>. Internet. Accessed 5 October2004.

United Nations Association of Great Britain and Northern Ireland. Available from<http://www.una-uk.org>. Internet. Accessed 5 October 2004.

United Nations Association. "The Role of the UN in Combating Terrorism." Available from<http://www.unausa.org/issues/unrole.asp>. Internet. Accessed 24 November 2004.

United Nations Office on Drug Control (UNODC). Available from <http://www.unodc.org>.Internet. Accessed 5 October 2004.

United Nations. Available from <http://www.un.org>; Internet. Accessed 5 October 2004.

22